Bode Sues Head

[4ster]

It's not over yet...

http://www.powder.com/stories/news/...rld-cup-comeback-attempt/#sFDefUd13MjYAGy7.97

 

[Philpug]

Here is fron "Courthouse News":

LOS ANGELES (CN) — Former world champion Bode Miller wants to make a comeback, and has sued Head USA, saying his former sponsor won't let him even try unless he uses its skis.
Miller, 39, says the coming World Cup season is his "last real opportunity to competitively compete in the World cup racing circuit and attract lucrative endorsements needed to provide for his family."
He asked the court to invalidate the restrictive covenant in his termination agreement with Head and declare that Bomber did not interfere with his agreement with Head and Miller.
Miller and Bomber sued Head USA on Sept. 12 in Los Angeles Federal Court.
Known for his uninhibited style, Miller is the greatest U.S. male ski racer of all time: twice overall World Cup champion, Olympic gold and silver medalist, and one of five men worldwide to win World Cup races in all five categories — slalom, giant slalom, super-G, downhill and combined.
Miller left the U.S. Ski Team in 2006 to become an independent racer sponsored by Head.
He signed his initial contract with Head on May 1, 2006, and amended it twice, with the contract running until April 30 this year.
He suffered several injuries during his career, including a season-ending injury in February 2015, which prompted his retirement from racing and sent him to look for other work in the ski industry. His May 2015 termination agreement with Head included surrendering future pay, Miller says in the complaint.
Then he agreed to become a brand ambassador for Bomber and help develop its high-end skis. At the time, Miller says, he no longer was in the public eye due to his retirement, and his "viability and marketability as a professional ski racer were rapidly dwindling."
Now, to "protect his family's financial future" through endorsements and other earnings, Miller says, he wants to come out of retirement and compete in the 2016-2017 World Cup and World Championships.
Upon learning his plans, Head Sports Group wrote to Bomber through counsel and threatened to sue if Miller used any skis other than Head while competing.
Head demanded that Miller issue a public statement by Monday, Sept. 19, that he will not compete in World Cup and World Championship competition this season unless he uses Head skis, according to the complaint, which quotes from the letter.
Head's letters "threaten to quash Bode's desire to achieve his last real chance to competitively participate in the 201-/2017 World Cup circuit and the World Championships," Miller says.
He and seeks declaratory judgment, attorney's fees, and costs.
Head USA did not respond to an email request for comment Thursday.
Miller and Bomber are represented by J. Mark Thacker with Ropers, Majeski, Kohn & Bentley, of San Jose, who was not immediately available by telephone Thursday.

 

[Tricia]

We were talking about this and topics like this on our drive. How do retired athletes stay relevant? How do they move forward and make a living while getting on with life after dedicating 100% of their time skiing, training to ski and competing?
How do these people stay relevant?
Seth Morrison being released from K2 is one example. He's someone who has earned his place, yet...

Where is the line between earning a place of stature and needing to work at it to stay relevant?

 

[scott43]

I'm not sure that Bode needs to "make a living" still..unless he needs to make a living to live in the style he's become accustomed to. As for relevant..well..athletes retire and become masters racers. I think you have to recognize that after 35 all bets are off as athletes. Time to start planning for life after racing. All pro athletes reach that day.

 

[Philpug]

I'm not sure that Bode needs to "make a living" still..unless he needs to make a living to live in the style he's become accustomed to. As for relevant..well..athletes retire and become masters racers. I think you have to recognize that after 35 all bets are off as athletes. Time to start planning for life after racing. All pro athletes reach that day.

IMHO, Lindsey has been doing that her whole ski racing career. I would venture to say, she will do better in her post racing carrier than her actual racing one. She has a very good publicist.

 

[Tricia]

Phil and I were talking about many of the pros in the industry, whether its Ballet skiers from back in the day, or current ski movie icons, or ski racers.
We named several that we know and adore who could easily walk through SIA or a ski resort and go completely un-noticed, and others who are immediately recognized.

 

[scott43]

IMHO, Lindsey has been doing that her whole ski racing career. I would venture to say, she will do better in her post racing carrier than her actual racing one. She has a very good publicist.

It's a great mindset to have. Cuz one day, the lights go off...and you have to pick up your life. Some people can't do it. And I think athletes are particularly susceptible..it's part of being competitive. All or nothing.

 

[Tricia]

One of the skiers we touched on in our conversation (Phil and me) was Chris Davenport. He was a big mountain competitor, but he's spun his life into an adventure world. Climbing, doing ski movies, creating goals and documenting them in front of the world. He has done a good job of staying relevant and carving out a piece of the ski industry for himself and his family.

 

[scott43]

Interesting docu..

 

[skibob]

It's a great mindset to have. Cuz one day, the lights go off...and you have to pick up your life. Some people can't do it. And I think athletes are particularly susceptible..it's part of being competitive. All or nothing.

Its one reason that pro athletes are not as "overpaid" as they seem to be (and yes, at the extreme some are ridiculously overpaid). Because when the light go off, now what? I knew a guy in college who played 6 years of NBA basketball as a bench warmer. Minimum salary back then was ~$500,000. Fortunately, he was exceedingly intelligent by any standards and when his basketball career ended he kept right on going. But I doubt he makes nearly as much today as he did when he was 22.

As for Bode's situation, that contract clause is onerous. It sounds to me like Head didn't feel he'd met expectations the first time around, or they never would have tried to saddle him with such a ridiculous stipulation. There was bad blood for one reason or another.

 

[scott43]

Let's be clear....they ARE well paid! They just don't do very well with their money or their after pro contract lives. A great many people come out of college with $50k in student debt and no clear job prospects. My buddy's two kids both got $1million NHL starting contracts at age 19. I had a bicycle and a pair of Timberlands at that age!! So they do ok..they just have to be smart and plan. Unfortunately, that's not always promoted or understood by a lot of college and pro sports it seems.

 

[4ster]

Glen Plake is one who has had longevity without ever really having a competitive career. He has done well!

I speculate that Bode's true motivation for racing this season is not money driven but that he believes that he can still compete at the highest level.

The lawsuit probably has more to do with sticking it to the man!

Although Vonn may have a great publicist, Bode is an extremely intelligent individual, who deserves respect .

 

[Philpug]

Glen Plake is one who has had longevity without ever really having a competitive career. He has done well!

I speculate that Bode's true motivation for racing this season is not money driven but that he believes that he can still compete at the highest level.

The lawsuit probably has more to do with sticking it to the man!

Although Vonn may have a great publicist, Bode is an extremely intelligent individual, who deserves respect .

I don't think anyone is considering Bode to be a dumb jock. At 38 I am sure he is seeing the light at the end of the tunnel and this is a two fold swan song, to prove..as much to himself..that he can still do it and to get that extra little bit of financial security. IMHO if he qualifies with a spot on the team, then hell yeah he should do it. I don't think we are at a Steve Carlton pitching for the White Sox or a Joe Namath to the Rams level yet, Bode has more than that in the tank.

 

[VickieH]

This should be an interesting case. Bode has nothing to lose by fighting. He can compete. It's a matter of what brand he uses. Seems there are few ways this might end well for Head. I assume their statisticians are doing a whole lotta what-iffing ... y'know, head-scratching.

 

[oldschoolskier]

Personally, if Head paided out his contract for completion of his term with them, they have every right to lay claim and should up the pay up the full value for the return, HOWEVER, if not sucks to be Head, and then they should pay for for damages caused by stupidity.

Without knowing the details and payouts of thier split it is all speculation.

 

[skibob]

Let's be clear....they ARE well paid! They just don't do very well with their money or their after pro contract lives. A great many people come out of college with $50k in student debt and no clear job prospects. My buddy's two kids both got $1million NHL starting contracts at age 19. I had a bicycle and a pair of Timberlands at that age!! So they do ok..they just have to be smart and plan. Unfortunately, that's not always promoted or understood by a lot of college and pro sports it seems.

Oh, yes. But my point was not so much whether they are smart with their money, but, rather, that they have to stretch that money for a lifetime. I'm ignoring the obvious NBA/MLB/NFL/Soccer stars who really don't need to worry about anything even long before their careers end. Role players in major sports, or even stars in "marginal" sports. Their career is short. Life hopefully isn't.

 

[ScotsSkier]

Glen Plake is one who has had longevity without ever really having a competitive career. He has done well!

I speculate that Bode's true motivation for racing this season is not money driven but that he believes that he can still compete at the highest level.

The lawsuit probably has more to do with sticking it to the man!

Although Vonn may have a great publicist, Bode is an extremely intelligent individual, who deserves respect .

Yup. Also a great opportunity to promote the Bomber brand assuming he can win the battle against Head. The actual ski he will be on will be pretty much the sane regardless of the name on the top-sheet but the promotional aspect of doing it on Bomber is huge.

 

[scott43]

I'm ignoring the obvious NBA/MLB/NFL/Soccer stars who really don't need to worry about anything even long before their careers end. Role players in major sports, or even stars in "marginal" sports. Their career is short. Life hopefully isn't.

Totally. Average career in NFL is 3.5 years or something. Average salary sure isn't $10mllion a year. And the contracts are not guaranteed. So they get beat up their whole careers, usually it ends a lot sooner than expected and they don't have as much money as they expected. That's a tough combo.

 

[DanoT]

Miller needs to negotiate a buy out of his contract but Head may not be willing to so.

Head having a clause that prevents someone under contract from quitting or retiring and then going to a competitor does not seem unreasonable, otherwise why have a multi year contract?

 

[fatbob]

I'd guess part if his motivation is to get a hell of a lot of publicity for Bomber if that investment is to pay off for him.

I'm in 2 minds about how douchey Head are being. Part of me says Bode was probably pushing the compensation too far so they extended the term of contract so it's a kinda of his own making to have signed on for so long. The other part of me says they've had enough promo value out of him over the years so the grown up thing to do is let him go if he buys out the last year or whatever. Letting it go to court rather than negotiate tips me toward the douchey side though.